What happens if I can't pay the rent?

Last updated: March 2026. Legal information is subject to change – always check the current legislation at wetten.nl.

What does the law say?

If you do not pay the rent, you will accumulate rent arrears. The landlord can then go to court to demand termination of the tenancy agreement and eviction. But it does not have to come to that – you have more options than you think.

Section 7:213 of the Dutch Civil Code requires you, as a tenant, to behave as a good tenant (check this section on wetten.nl for the most up-to-date version). Paying your rent on time is part of this. If you fail to do so, you are in breach of your obligations as a tenant.

Section 6:265 of the Dutch Civil Code stipulates that a failure to fulfil an agreement entitles the other party to terminate the agreement (check this section on wetten.nl for the most up-to-date version). For the landlord, this means: if you have fallen behind with your rent, they can go to court and demand termination of the tenancy agreement – followed by an eviction order.

The court will assess whether the arrears are serious enough to justify termination. A small, temporary arrears of one month does not usually lead to eviction. A persistent arrears of three months or more is, in practice, a strong argument in the landlord’s favour. The court always weighs up all the circumstances – but it is not obliged to spare you in the event of significant arrears.

Are you entitled to housing benefit but haven’t applied for it yet? That could solve part of the problem. Housing benefit is regulated by the Housing Benefit Act. You apply for it via the Tax and Customs Administration. If you are on a low income and your rent is below the applicable threshold, you may be entitled to it – even with retroactive effect for the current year.

If your debts extend beyond just the rent, the Municipal Debt Assistance Act (Wgs) provides access to debt assistance through your local council. The council is obliged to offer debt assistance to residents who need it. This may take the form of a payment plan, or in more serious cases, a process leading to debt restructuring.

When does this apply to you?

How quickly can a landlord take action?

There is no statutory minimum period before a landlord may take legal action. In practice, landlords first send a reminder. If the tenant does not respond, a summons follows. In the event of an acute arrears of three months or more, a landlord can act swiftly.

Housing associations often have their own protocols. Some associations use an early warning system: they contact you as soon as you are one month behind. They would rather prevent an eviction than carry it out – that also costs them money and effort.

When does the court intervene?

The court assesses each case individually. It considers:

the amount of the arrears,
how long the arrears have been outstanding,
whether you have already taken steps to settle the debt,
whether there are special circumstances (illness, sudden loss of income, a family with children).

Have you demonstrably made attempts to reach an arrangement? If so, the judge is more likely to grant extra time. Are you doing absolutely nothing? Then the judge will shorten your time.

What if you are temporarily unable to pay due to an emergency?

Have you suddenly lost your job or are you facing a medical crisis? Report this immediately to your landlord. In writing. Ask for a temporary payment arrangement. Landlords – certainly housing associations – are often willing to discuss the matter if you are transparent and show initiative.

Housing benefit as a buffer

Do you have a low income and rent private accommodation? Check whether you are entitled to housing benefit. Many people who are entitled to it do not apply for it. You can apply for housing benefit via the Tax and Customs Administration at belastingdienst.nl. It could save you hundreds of euros a month.

Step-by-step guide – what can you do now?

Contact your landlord immediately. Don’t wait for a letter to arrive in the post. Call or email your landlord. Explain the situation. Ask for a payment plan. Transparency works in your favour.
Put everything in writing. Has a verbal agreement been reached? Confirm it by email. Write down: the amount, when, and for how long. A verbal agreement is difficult to prove later on.
Check whether you are entitled to housing benefit. Go to belastingdienst.nl and check your entitlement. Apply for it if you are entitled – including retroactively for the current year.
Register with the council’s debt advice service. Are you unable to clear the arrears yourself? Contact the council. The council is obliged to offer debt advice. This can quickly lead to a payment plan that the landlord also agrees to.
Apply for special assistance from the local council. Some councils have an emergency fund for rent arrears. This is known as special assistance or a housing cost allowance. Ask your local council’s social services department if this is an option for you.
Consult a lawyer if you receive a summons. Have you received a summons from the court? Do not delay in responding. A lawyer on Claim.Cafe can advise you immediately on your position and help you formulate a defence.
Attend the hearing. Have you been summoned? Always attend the court hearing. If you fail to appear, the court will almost certainly rule in favour of the landlord’s claim. At the hearing, you can explain your circumstances.

Common mistakes

Mistake 1: Doing nothing and hoping it will blow over. Rent arrears do not resolve themselves. The longer you wait, the higher the debt and the weaker your position. Contact your landlord and the local council as soon as possible.

Mistake 2: Not opening your post. Reminders, summonses and letters from the bailiff are time-sensitive. If you do not respond to a summons in time, you will lose the case by default – without the judge having heard your side of the story.

Mistake 3: Forgetting to apply for housing benefit. Many people do not realise they are entitled to housing benefit. It can save you hundreds of euros a month. Check this immediately via belastingdienst.nl.

Mistake 4: Thinking that debt counselling is only for ‘people with serious problems’. Debt counselling is available to anyone who can no longer manage their debts independently – even if you’re a few months behind on your rent. Go to your local council early on, not when it’s already too late.

Mistake 5: Not attending the court hearing. If you receive a summons and don’t attend, the judge will rule in favour of the landlord without hearing your side of the story. Always attend the hearing, even if you think you don’t stand a chance.

Frequently asked questions

How quickly can the landlord have me evicted if I’m behind on rent?

The landlord cannot evict you themselves – they always need a court order. After sending a reminder, they can take the matter to court. If you are three months or more in arrears, the procedure moves quickly. But even then, it usually takes weeks or months before a bailiff arrives at your door.

Can I arrange a payment plan with my landlord?

Yes, and that is often the best first step. Contact them immediately and put forward a concrete proposal: how much extra you can pay each month on top of the current rent. Landlords – certainly housing associations – are often willing to cooperate. Always put the agreement in writing.

Does debt advice help with rent arrears?

Yes. Debt advice through the local council can help arrange a payment plan that your landlord also agrees to. In more serious cases, it can lead to a debt restructuring process under the Debt Restructuring (Natural Persons) Act (Wsnp). Apply early – don’t wait until legal proceedings have already started.

What is housing benefit and am I entitled to it?

Housing benefit is a government contribution towards your rent if you are on a low income. You are entitled to it if your rent is below the statutory threshold and your income is not too high. Apply via belastingdienst.nl – you can also claim it retroactively for the current tax year.

Can the landlord evict me without a court order if I don’t pay the rent?

No. A landlord may never evict you themselves – not by changing locks, putting your belongings outside or cutting off utilities. That is taking the law into their own hands and is prohibited. They always need a court eviction order and a bailiff.

Relevant legal provisions

Consult the following articles via wetten.nl for the exact and current text:

Section 7:213 of the Dutch Civil Code – tenant’s obligation to behave as a good tenant
Article 6:265 of the Dutch Civil Code – termination due to breach of contract
Housing Benefit Act – entitlement to and procedure for housing benefit
Municipal Debt Assistance Act (Wgs) – right to debt assistance via the local authority
Debt Restructuring (Natural Persons) Act (Wsnp) – debt restructuring as a last resort
See also Book 7 of the Dutch Civil Code, section on residential tenancy law, for other provisions regarding termination of tenancy due to non-payment